An EUA is narrower and deals only with the conditions for granting a licence. All clauses of the EULA relate to the licence itself in relation to other aspects of the customer-business relationship found in an agreement with the general terms and conditions of sale. They will usually find only one ETA from companies that deal with software, saaS or mobile applications. Let`s take a look at some of the most important clauses needed for each AESE and how you get your users to accept your AESE. You can protect yourself and your company by inserting the above-mentioned clauses into an EULA and making sure your users receive them before installing or downloading your desktop or mobile app. When the licensor stops a case of force majeure and consequential damage (and often even if it is not), the licensee should require similar protective measures. (However, if licensor has access to valuable confidential information, you should not waive damages resulting from breaches of confidentiality, as the disclosure of confidential or secret information may result in significant damages. If the licensor aims to limit the damage (for example. B the total amount paid, often limited to the last 3, 6 or 12 months), look for something similar and make exceptions for claims for breach of protection rights, security breaches (if any) and damage caused by gross negligence and wilful misconduct.
In most cases, the licensor has the right either to modify the program in such a way that it is not prejudicial to the right to replace it with a non-detrimental substitute (either of its own creation, or of a third party – hence the « cover measure » mentioned above), or to remove materials and reimburse. If such provisions are included, ensure that the modified or replaced software remains in compliance with applicable specifications and that the refund is reasonable (for example. B should not be a refund of the amount paid for the software application or module in question, if it is indeed an integrated system and the removal of a single component should not be the whole thing for the licensee of unnecessary or less valuable value). Clauses like this limit competition, invitation and protection of the app`s proprietary features. As your software application is likely to have copyright and intellectual property rights, you should insert a « restriction of use » clause similar to the one mentioned above, so that you can legally limit the type of actions that others can perform with or on your software application. . . .